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1998-11-16 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTES1235 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 16, 1998, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The Joint Public Hearing was called to order with the following present: Mayor Councilmember Councilmember Councilmember Chairman Vice -Chairman Commissioner Commissioner Tom Reid Klaus Seeger Richard Tetens William Berger Mary Starr Tommy Scott . Jack Mathis Emil Beltz Others in attendance: Director of Planning & Community Development Dennis Smith, Planning & Zoning Secretary Nelda Patterson, City Attorney Darrin Coker. The series of Joint Public Hearing Meeting opened at 6:30 p.m. APPLICATION NO. 546 I. CALL TO ORDER The Joint Public Hearing for zone change request from classification Suburban Development to Heavy Industrial District (M-2) was called to order at 6:39 p.m. H. PURPOSE OF HEARING Request of owner for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Heavy Industrial District (M-2) on the following described property, to wit: Legal Description: Lot 11 & 12, Blk. 9, Hickory Creek Place subdivision, according to the plat records of Brazoria Co., TX (14221 Suburban Garden Road.) Owner: Peter C. & Donna Lunn 14221 Suburban Garden Road Pearland, Texas 77584 The purpose of the public hearing was read into the record by Chairman Mary Stan. x;33 Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. Mr. Smith referred Councilmembers and Commissioners to the spiral bound document prepared by the property owner which illustrates the area of the proposed zone change. He further noted that this is an existing business. M. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Donna Lunn, 2245 Garden Road, Pearland, Texas, spoke for the proposed zone change. Ms. Lunn stated that she has been a resident of Pearland since 1976. Her business and residence have been located on the aforedescribed property for the past three years. The business is corrosion control facility doing welding and fabrication specifically for shipping containers. The containers are shipped all over the world. No corrosion control is conducted on site. Tom Hodges, 2233 Garden Road, Pearland, Texas, spoke for the proposed zone change stating that he owns the property due north of the abovedescribed property(Cram Technologies). Mr. Hodges has occupied his property for nine (9) years. He stated that the Lunn s are very good business neighbors and that everyone along Garden Road are business owners and that this would not be spot zoning. The only residents are located behind the business however, in 1970 only 1 home was in the area. He noted that there are no known problems and would recommend approval of the proposed zone change not only for property owner Peter & Donna Lunn but for future request. Joseph Chavez, 14211 & 14209 Suburban Garden Road, Pearland, Texas, stated that he was one of the fust in the area and when he purchased his property it was registered S -Commercial property. He has been on the property since 1970 and stated that the residents and the businesses have a good report. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCH,/PLANNING COMMISSION/STAFF DISCUSSION Councilmember Richard Tetens questioned the request for the M-2 zone suggesting that a Commercial Zone (C) might be more appropriate. He noted that there are a number of businesses as well as residences in the area and the property needs to zone such as to accommodate both businesses and residents. Director of Planning and Community Development Dennis Smith stated that the type of business conducted suggest a M-2 zoning and would prefer not to zone commercial due to the corrosion process. Mr. Smith stated that he would determine a zone which would be appropriate for all businesses on Garden Road. Fa x'37 Vice -Chairman Tommy Scott noted that the zone designation would need to have provisions for residences as they do exist in the area. Dennis Smith suggested that an appropriate zone might be Industrial with a provision for residents. Councilmen Klauss Seeger asked why the M-2 zone was requested rather than and M- 1 request. Dennis Smith responded that considering the corrosion process and the use of certain chemicals, a M-2 zone was more appropriate. However, considering the additional information provided by Ms. Lunn stated that the corrosion process is not being conducted on the property, a M-1 could also be an option. Mayor Tom Reid asked Ms. Lunn for further clarification as to whether the corrosion process was being done on site. Ms. Lunn stated that no corrosion protection is done on site but the heavy equipment(extremely large cranes) used to lift the containter might suggest the M-2 zoning. VI. ADJOURNMENT The Joint Public Hearing was adjourned at 6:59 p.m. APPLICATION NO. 503 I. CALL TO ORDER The Joint Public Hearing for zone change request from classification Commercial District to Single Family District (R-3) and General Business (GB) was called to order at 7:00 p.m. H. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Commercial District (C) to Single Family Dwelling District (R-3) and General Business (GB) on the following described property, to wit: Legal Description: Approximately 60 acres out of Sect. 12, H.T. & B. R. R. Co. Survey, A-508, according to the deed records of Brazoria Co., TX (S.E. corner of Magnolia and Veterans Drive) 3 Owner: Chaille Kelly 2121 Sage Road, Suite 300 Houston, Texas 77056 Agent: Dwain Evans 4615 Southwest Frwy, Suite 1025 Houston, Texas 77027 The purpose of the public hearing was read into the record by Chairman Mary Starr. Director of Planning & Community Development Dennis Smith presented the location of the proposed zone change. A plan has been submitted for the area with businesses in the front buffered with plants. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Dwain Evans, 6110 Piping Rock, Houston, Texas, spoke for the proposed zone change. He reviewed the proposed plan noting that he has made revisions to the plan which should meet the objections which were heard when previously submitted. He added buffers by dedicating an easement to be planted with olianders (evergreens) and provide good screen between the R-2 and M-2 zones. Concerns of the Planning and Zoning Commission for a loss of retail along Magnolia has been satisfied by adding a GB strip to provide some of the needs for this subdivision and other residential areas in the said vacinity. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCIUPLANNING COMMISSION/STAFF DISCUSSION Mayor Tom Reid made an observation that on the East of the proposed zone change is and M-2 zoning and to the West is the subdivision of Cobblestone which is and R-2 zoning thus the R-3 zone change request would be a transitional zone. Dennis Smith noted that on the existing and proposed Comprehensive Plan, Veterans Drive is shown as the demarcation. Mayor Tom Reid asked the distance of the property from the Rail Road Track. Mr. Smith did not have the exact distance but stated it was a large area. Councilmember William Berger asked the difference regarding the GB strip and the previous plan. n Mr. Smith noted that the previous plan had been all R-3 all the way up to Magnolia and has been revised to add the GB strip. Councilmember Klaus Seeger asked if the area of the proposed change was undeveloped land. Mr. Smith stated that it is vacant, undeveloped land. VI. ADJOURNMENT The Joint Public Hearing was adjourned at 7:11 p.m. APPLICATIONS NO. 464.502.512.521.522. & 523 I. CALL TO ORDER The Joint Public Hearing for zone change request from Suburban Development (SD) to Single Family District (R-1) was called to order at 7:11 p.m. II. PURPOSE OF HEARING Request of owners for an amendment to the Land Use and Urban Development r-- Ordinance of said City from Classification Suburban Development (SD) to Single - Family Dwelling District (R-1) on the following described properties, to wit: 1. Zoning Application No. 464 Legal Description: Being 0.75 acres,. more or less, out of Lot 8 & 0.61 acres, more or less, out of Lot 8, H.T. & B. R.R. Co. Survey, Sect. 14, A- 509, & Lot 13, Sect. 14, A-509, Wagon Wheel addition, according to the plat records of Brazoria Co., TX (6307 Beckey Lane) Owner: James M. & Betty J. Leach 6307 Becky Lane Pearland, Texas 77584 2. Zoning Application No. 502 Legal Description: Lot 4, Blk. 10, Hickory Creek Place, Sect. 7, H.T. & B. R.R. Co. Survey, A-219, recorded in Vol. 11, pg. 1, plat records of Brazoria Co., TX (5942 Kelly) 5 x:40 Owner: Donald E. Lee 5942 Kelly Drive Pearland, Texas 77581 3. Zoning Application No. 512 Legal Description: Being 0.867 acres out of 3.952 acres, and out of a 35.950 acre tract in the N Y2 of the SE % of Section 16, G. C. Smith survey, A-546, plat records of Brazoria Co, TX (6024 Terrel Drive) Owner: Jose & Irma R. Adame 6024 Terrel Drive Pearland, Texas 77584 4. Zoning Application No. 521 Legal Description: Lot 4, Blk. 1, Hickory Creek Place subdivision, recorded in Vol 11, pg. 1, plat records of Brazoria Co., TX (5815 Butler) Owner: Esequiel & Maria A. Salinas 5815 Butler Drive Pearland, Texas 77581 5. Zoning Application No. 522 Legal Description: Being a 5.1476 acre tract, the E. Portion of Lot 26, Allison Richey Gulf Coast Home Co. Subdivision, H.T. & B. R.R. Co. Survey, A-219, recorded in Vol. 2; pg. 23, plat records of Brazoria Co., TX (13542 & 13550 O'Day) Owner: Esequiel & Maria A. Salinas 5815 Butler Drive Pearland, Texas 77581 6. Zoning Application No. 523 Legal Description: Lot 1, Blk. 4, Hickory Creek Place subdivision, Sect. 7, H.T. & B. R.R. Co. Survey, A-219, according to the plat records of Brazoria Co., TX (5920 Butler) Owner: Randall Anthony Elliott 5920 Butler Pearland, Texas 77581 4 The purpose of the public hearing was read into the record by Chairman Mary Starr. r— Director of Planning & Community Development Dennis Smith presented the location of the proposed zone changes. The zone change requests are conducive with the area. III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUESTS Lee Ellen Polivka, 5937 Dublin Lane, Pearland, Texas, asked for information on the zone change process and the definition of an R-1 zone. IV. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUESTS None. V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Councilmember William Berger asked Dennis Smith to review the zone change process and to provide an explanation of an R-1 zoning. Dennis Smith stated that the R-1 zone change is the largest and highest, most restrictive residential zoning and appropriate for the area aforediscussed. He stated that when various areas are annexed by the City they are annexed as classification Suburban Development. The property owners are requested to apply for an appropriate zone change and are allowed one (1) year to apply for such change with out a fee. A fee of $250 is required for those request made after the allotted time. This area is still with in the one year time allowance. VI. ADJOURNMENT The Joint Public Hearing adjourned at 7:26 p.m. The series of Joint Public Hearings adjourned at 7:26 p.m. Minutes respectfully submitted by: Nelda P tterson Planning and Zoning Secretary Minutes approved as submitted and/or corrected this 'r I. day of ��r'e$� 1998 A.D., Tom Reid Mayor 7 THIS PAGE LEFT BLANK INTENTIONALLY